Friday, March 21, 2014

Professor Wojciech Sadurski has posted a new paper on SSRN:Defending Public ReasonAbstract:"The ideal of public reason has been criticized on the basis that it is, under available interpretations of the ideal, either “too thin” or “too thick”, and also that it creates perverse incentives for insincerity in public life. In the first part of the paper I consider, and rebut, the core case against Public Reason, as advanced by Ronald Dworkin and Jeremy Waldron. Against the charge that it is a toothless ideal (that it is “too thin”) which would eliminate nearly nothing from public discourse, I argue that this objection is tenable only if we adopt an implausibly subjectivist conception of reasonableness used in tandem with the ideal of public reason. Against the charge that it would lead to a drastic erosion of public discourse (hence, that it is “too thick”), I argue that this disregards a distinction between generalized public discourse and advocacy of laws which are to actually become legislation, broadly speaking. I also argue that the stricture of public reason rests on the same type of restrictions on public arguments which we adopt as legitimate in many spheres of argument and justification anyway. In the second part of the paper I argue, against the argument that the ideal of public reason is detrimental to the principle of candour in public, that one should not confuse “strategic” choice of argument, triggered by the concern for efficiency of persuasion or by the principle of respect to the audience, with deception and insincerity."Wojciech Sadurski is Challis Professor in Jurisprudence at the University of Sydney. He is the author of "Equality and Legitimacy" (Oxford University Press, 2008) and co-editor (with David Kinley and Kevin Walton) of "Human Rights: Old Problems, New Possibilities" (Edward Elgar, 2013).See also Wojciech Sadurski's paper on "Legitimacy of Law in a Liberal State: The Contours of Public Reason" and Sadurski's article "Reason of State and Public Reason" (pdf) in Ratio Juris vol. 27. no. 1 (March 2014).

The President of Ireland Michael D. Higgins held the keynote speech at a seminar on "Democracy and Popular Legitimacy in the EU" , the Dublin European Institute, March 20, 2014:"Keynote Address by Michael D. Higgins"Excerpt"The rise of Eurosceptic populists in contemporary Europe, with national identity as their rallying cry, points very plainly to European citizens’ perceptions and growing discontent with the current course of the EU. Ironically, this national-populist upsurge might well force us, who care for the future of European integration, to engage more resolutely in an exercise of normative clarification, and articulate more clearly the significance of the European project, in order to go further on the basis of a set of economic pluralist models that are responsive to the varying conditions of our peoples in social and demographic terms."

Tuesday, March 04, 2014

Tolerationby Andrew Jason Cohen(Polity Press, 2014)176 pagesDescriptionBeginning with some key insights into what we mean by toleration, Andrew J. Cohen goes on to investigate what should be tolerated and why. We should not be free to do everything: Murder, rape, and theft, for clear examples, should not be tolerated. But should we be free to take drugs, hire a prostitute, or kill ourselves? Should our governments outlaw such activities or tolerate them? Should they tolerate “outsourcing” of jobs or importing of goods or put embargos on other countries? Cohen examines these difficult questions, among others, and argues that we should look to principles of toleration to guide our answers. These principles tell us when limiting freedom is acceptable - that is, they indicate the proper limits of toleration. Cohen deftly explains the main principles on offer and indicates why one of these stands out from the rest.Contents [preview]Introduction1. The Topic and its Historical Relevance2. Two Approaches to the Normative Issues3. The Harm Principle4. Other Principles5. Extending the Harm Principle6. Children and the Paradoxes of Toleration and Liberalism7. General Defences of Toleration8. ConclusionAndrew Jason Cohen is Associate Professor at the Department of Philosophy, Georgia State University. See his blog post on his new book here.See also two of his papers: * "What Tolerance Is" [pdf].* "What the Liberal State Should Tolerate Within Its Borders" [pdf].